(PC) Jackson v. Austin, et al., No. 2:2014cv00649 - Document 4 (E.D. Cal. 2014)

Court Description: ORDER AND FINDINGS and RECOMMENDATIONS signed by Magistrate Judge Kendall J. Newman on 3/25/2014 DIRECTING the Clerk to file the ifp application in the instant action 2:14-cv-0592; and the Clerk shall assign a district judge to this case; and RECOMMENDING that this action be dismissed without prejudice. Assigned and Referred to Judge John A. Mendez; Objections due within 14 days. (Yin, K)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 FOR THE EASTERN DISTRICT OF CALIFORNIA 10 11 LAWRENCE J. JACKSON, JR., 12 No. 2:14-cv-0649 KJN P Plaintiff, 13 v. 14 J. AUSTIN, et al., 15 FINDINGS AND RECOMMENDATIONS Defendants. 16 Plaintiff is a state prisoner proceeding without counsel. Plaintiff’s complaint was filed 17 18 with the court on March 10, 2014. The court’s own records reveal that on March 3, 2014, 19 plaintiff filed a complaint containing virtually identical allegations. (2:14-cv-0592 KJN).1 Due to 20 the duplicative nature of the present action, the court will recommend that the complaint be 21 dismissed. Plaintiff filed an application to proceed in forma pauperis in the instant action. The Clerk 22 23 of the Court is directed to file that application in 2: 14-cv-0592 KJN P. 24 Accordingly, IT IS HEREBY ORDERED that: 25 1. filed in the instant action in 2: 14-cv-0592 KJN; 26 27 28 The Clerk of the Court is directed to file the application to proceed in forma pauperis 1 A court may take judicial notice of court records. See MGIC Indem. Co. v. Weisman, 803 F.2d 500, 505 (9th Cir. 1986); United States v. Wilson, 631 F.2d 118, 119 (9th Cir. 1980). 1 1 2. The Clerk of the Court is directed to assign a district judge to this case; and 2 IT IS RECOMMENDED that this action be dismissed without prejudice. See Fed. R. Civ. 3 4 P. 41(b). These findings and recommendations are submitted to the District Judge assigned to this 5 case pursuant to the provisions of 28 U.S.C. § 636(b)(l). Within fourteen days after being served 6 with these findings and recommendations, plaintiff may file written objections with the court. 7 The document should be captioned “Objections to Magistrate Judge’s Findings and 8 Recommendations.” Plaintiff is advised that failure to file objections within the specified time 9 may waive the right to appeal the District Court’s order. Martinez v. Ylst, 951 F.2d 1153 (9th 10 Cir. 1991). 11 Dated: March 25, 2014 12 13 jack0649.23 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2

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